                                 CODE OF VIRGINIA

NOTICE OF ACCIDENT (§ 65.2-600)

A. Every injured employee or his representative shall immediately on the
occurrence of an accident or as soon thereafter as practicable, give or cause to
be given to the employer a written notice of the accident. If notice of accident
is not given to any statutory employer, such statutory employer may be held
responsible for initial and additional awards of compensation rendered by the
Commission if (i) he shall have had at least sixty days&#8217; notice of the
hearing to ascertain compensability of the accident, and (ii) the statutory
employer was not prejudiced by lack of notice of the accident.

B. The notice shall state the name and address of the employee, the time and
place of the accident, and the nature and cause of the accident and the injury.

C. The employee shall not be entitled to physician&#8217;s fees nor to any
compensation which may have accrued under the terms of this title prior to the
giving of such notice, unless it can be shown that the employer, his agent or
representative had knowledge of the accident or that the party required to give
notice had been prevented from giving notice by reason of physical or mental
incapacity or the fraud or deceit of some third person.

D. No compensation or medical benefit shall be payable unless such written
notice is given within thirty days after the occurrence of the accident or
death, unless reasonable excuse is made to the satisfaction of the Commission
for not giving such notice and the Commission is satisfied that the employer has
not been prejudiced thereby.

E. No defect or inaccuracy in the notice shall be a bar to compensation unless
the employer shall prove that his interest was prejudiced thereby and then only
to such extent as the prejudice.

HISTORY: Code 1950, §§ 65-82, 65-83; 1968, c. 660, §§ 65.1-85, 65.1-86;
1991, c. 355; 1997, c. 288.